Delphi Murders trial: Day 15 live blog
INDIANAPOLIS (WISH) — Day 15 in the trial of Delphi Murders suspect Richard Allen begins Monday at the Carroll County Courthouse in Delphi.
Allen, 52, is charged with murder and murder while committing or attempting to commit kidnapping in the deaths of 13-year-old Abigail “Abby” Williams and 14-year-old Liberty “Libby” German. The girls’ bodies were found near the Monon High Bridge near Delphi on Feb. 14, 2017, a day after they went missing.
Allen was first investigated in 2017 and again in October 2022. After a second police interview, he was taken into custody.
The trial began Oct. 18 and was expected to continue through mid-November. Originally, 16 Allen County residents sat as the jury on the case, but one juror was dismissed on Oct. 25.
Cameras are not allowed in the courtroom. An artist is providing sketches from inside the courtroom, and three of those from Saturday’s testimony are included in this story.
Tune into News 8 and follow our daily live blogs throughout the trial for the latest developments.
NOTE: The times listed in the blog headers are the times which the entries were added. Specific times for courtroom events will be listed in the entries if available. These notes are compiled from photographs of written notes provided by reporters in courtroom and emailed to the WISH-TV news desk.
For a brief summary of Day 13 in the Delphi Murders trial (Friday), scroll to the bottom of the page.
To view all of our previous trial coverage, click here, and follow News 8’s Kyla Russell on X as she covers the trial live from Delphi.
4:04 p.m.
At 1:34 p.m. Judge Gull has entered court room and court is back in session without the jury. She says that the report from Wescott fits into “totem pole hearsay” and explains that unless the state can cite specific hearsay, she will admit it.
The jury is back in the court room at 1:37 p.m. Defense attorney Jennifer Auger calls Jamie Jones, Richard Allen’s half-sister. She tells the jury that Allen is 5 years older than her and that they lived together all through childhood. She says Allen got married right after getting back from being in the military.
Jones tells the jury that Allen “did not ever molest her or touch her inappropriately.” Auger asks her, “do you love your brother?” Jones responds “yes.” Auger asks, “would you lie for him?” Jones says no. Auger concludes her direct examination.
At 1:42 p.m. prosecutor James Luttrell begins his cross-examination. He asks Jones, “does the name Chris ring a bell?” Auger objects as they were discussing neighborhood kids while Allen and Jones were growing up. The objection is sustained and Luttrell moved on.
At 1:43 The defense called Brittany Zapanta, Richard Allen’s daughter. Allen is reportedly nodding his head as she takes the stand. Zapanta tells the jury she moved out in 2015 for a job. She says she works in urgent care. She attended Ball State and then went to Indianapolis, she says.
Auger asks, “did your father molest you?” Zapanta says “no.” Auger asks “would you lie for him?” Zapanta says “no.” The defense finishes direct examination of her.
At 1:44 p.m. Luttrell begins his cross-examination. He asks Zapanta, “did you and your father go on the trail a lot?” and “Did you and your father go on the Monon High Bridge?” Auger objects to both questions.
Luttrell asks Zapanta if Allen changed his appearance after she left for Ball State. She says no.
He asks her another question about Allen’s height and weight. Auger objects. He shows Zapanta photos of Allen. Auger asks to approach the bench.
News 8’s Kyla Russell notes that Allen is smiling at Zapanta, but she does not make eye contact with him.
After the sidebar ends, Luttrell shows Zapanta more photos and asks if certain photos look like her dad in February 2017. She says yes. The gallery did not see the photos.
Auger objects and says the photos are outside the scope of questioning and there is another sidebar. Judge Gull sustains the objections.
At 1:56 p.m. the jury asks questions to Zapanta. She tells the jury she visited the bridge in her teens and crossed the high bridge with her dad and only crossed it one or two times total. Allen is seen smiling as Zapanta leaves.
At 1:56 p.m. the defense called Shelby Hicks. Hicks says she is a realtor and was 23 years old in 2017. She tells the jury on Feb. 13, 2017, she took her car in for repair and went for a hike with her boyfriend. She says they got to the trails around 2:30 p.m. and parked in connector lot. Defense attorney Andrew Baldwin is trying to get her to say Mears Entrance.
Baldwin asks her if there was anyone parked there other than her, she says there were other cars. Hicks says they walked toward the highway for five minutes and then went toward the high bridge. She tells the jury it takes 10-15 minutes to get to the bridge, she said they saw an “older gentleman,” two girls from school and “a few other kids.”
Hicks says she saw an older gentleman with a camera and saw Cheyanne and Shelby Duncan from school. She tells the jury she was “there first on the bridge’s platform.” She says she said hi to the friends from high school.
Hicks tells the jury she was on the platform for 15-20 minutes and went back to her car with her boyfriend. She tells the jury she does not remember if other cars were there when she left.
Hicks says the next day her boyfriend Daniel wanted to tell law enforcement what they had seen. She says they went to police but were asked to come back at another time and they went back that evening.
Hicks tells the jury she did not hear anything on the bridge. She says she met with law enforcement twice, first on Feb. 14, 2017 and then again in March of 2017. She says the police never took her phone to extract data.
At 2:23 p.m. prosecution attorney Stacey Diener begins her cross-examination. Hicks says her cellular provider in 2017 was Sprint. She tells the jury she’s never walked across the high bridge. She says on that day she left the platform before her friends returned.
The jury asks questions:
- Was the man with the camera old? Hicks says yes.
- Did you arrive at the bridge at 2:55? Hicks says “could have been.”
At 2:29 p.m. the defense calls Steve Mullins. The defense shows Mullins a list of Ford Focus SEs in white registered in Cass, Carroll and Tippecanoe counties between 2011 and 2017.
Baldwin says he only focused on cars that were similar to Allen’s Prosecutor McLeland objects to the exhibit, saying it was not certified.
Baldwin asks how many people owned similar hatch back models in Carroll county or surrounding areas in 2017. Mullins says he does not know.
Baldwin says Mullins created a log of missing interviews. He says on March 18 that Mullins did not say that at the hearings in March. Baldwin raises his voice then apologizes to the judge.
Mullins looks at the transcript from the March hearing, he admits that at the time, there was no log. He tells the jury that there is a log in the filing cabinets from early on and says he has gone through the cabinet and found it since he testified in March.
Baldwin then asks about Libby’s phone.
12:44 p.m.: Jury views footage from inside Allen’s cell
Court returned from break at 11:30 a.m. Judge Gull called for an immediate sidebar, noting the state’s objection to viewing videos of Allen while in Westville.
News 8’s Kyla Russell said Kathy Allen has not been in the courtroom all morning, but Allen’s daughter was seated outside the courtroom. His daughter has not been present throughout the trial.
After the jury entered, the defense recalled intern Max Baker to set up videos. He said the security camera video from inside Allen’s cell does have time stamps. The courtroom TV again was turned to face away from the gallery, only visible to the jury, Judge Gull, and witness stand.
Baker told the jury he created the video by piecing together smaller parts of the cell footage. Video #1 was from April 12, 2023, and included clips from a five-hour time period. Video #2 included clips taken from May 25, 2023, over a 12-hour time period.
Russell noted Video #1 was an hour and twenty minutes long, and that multiple jurors took notes while watching. An alternate juror, who Russell said has a high-school aged daughter, raised her eyebrows throughout.
State prosecutors and the defense gathered around the TV to watch. Richard Allen did not watch the footage.
Video #2 was 26 minutes long, defense attorney Brad Rozzi said. While watching the video, many jurors glanced at Allen.
After the videos ended, Rozzi continued questioning Baker. Baker said he looked through 18 – 20 hours of footage between April and July 2023.
State prosecutor Nick McLeland spoke up, asking if it was better for Allen to be in his cell alone. Rozzi objected, stating Baker couldn’t decide that. Gull sustained the objection.
McLeland then asked why Baker chose the camcorder videos shown on Saturday. Few of the camcorder videos included Allen being tased, showering, eating feces, receiving an x-ray, and interacting with his nurse. Baker said he picked the videos he did because they showed “Rick’s life in prison.”
McLeland commented that Baker showed “what he viewed as his worst condition in Westville” and that Baker “showed the jury (the video) to try to show that Richard Allen is the victim.”
A back-and-forth ensued between McLeland, Rozzi, and Baker. McLeland ended his questioning, and Rozzi jumped in to ask: “You picked what you picked to show them the truth?”
Baker said, “Yes.”
Russell said many objections were raised. Baker became snippy at one point.
Soon after, the jury asked if the attorneys asked Baker to choose the worst videos.
“I had my own discretion,” Baker said.
Court recessed for lunch at 12:22 p.m.
11:29 a.m.: Neuropsychologist who evaluated Allen testifies
Richard Allen entered the courtroom Monday morning wearing a blue-striped button-down shirt and khakis. He was carrying a Bible, News 8’s Kyla Russell noted. Allen apparently showed defense attorney Andrew Baldwin a verse when sitting with him.
Special Judge Fran Gull and the jury entered shortly after 9 a.m., and the defense called their first witness, Dr. Polly Westcott.
Westcott is a neuropsychologist based in Carmel. She told the court her specialty was in forensic psychology and neuropsychology. Baldwin and defense attorney Brad Rozzi hired Westcott in May 2023 to assess Allen’s mental, emotional, and physical health decline while he was in Westville.
Westcott was given access to Allen’s mental health treatment records, video footage from the prison, and access to his recorded calls. She told the jury she received more information about Allen than she had in any other criminal case she’s worked on before. Russell noted that Westcott stopped receiving videos of Allen in March 2024.
She met with Allen at Westville in August 2023 and performed the assessment over two days. Westcott said she also spoke with his wife, Kathy, for additional information on Richard Allen.
Her report, in total, ended up being 127 pages.
Through her assessment, she said she learned Allen had an “extensive mental health record,” saying he had severe anxiety through his childhood before starting anxiety medication in his twenties. She said Allen also struggled with depression, fears of failure, and suicidal ideation through young adulthood and adulthood. She also learned from Allen that his wife played a crucial role in “putting him back together.”
She also assessed Allen for a personality disorder and determined he had “dependent personality disorder,” which is a type of anxious personality disorder that leaves the patient feeling helpless, unable to make decisions, and incapable of taking care of themselves. Westcott said Allen relied on his wife, mother, and family for support to “feel like a whole person.”
Westcott came to six conclusions in her assessment:
- Allen has a long history of mental health issues
- Allen was not faking or exaggerating his symptoms
- Allen is slower to understand, process, and respond to things
- Allen experienced a complete mental health decrease in Westville
- Allen has major depressive disorder and slipped into psychosis due to stress
- Allen’s brain chemistry was changed while in prison, due to no contact with wife and family
Rozzi handed Westcott Allen’s writing samples she previously reviewed, including a letter he wrote asking for assistance from the court in November 2022 and a letter he wrote to Kathy before incarceration.
The prosecution objected to admitting the handwritten letters, calling them hearsay. Judge Gull requested a sidebar and later admitted the writing samples after redacting a few words. Rozzi then asked for Westcott to evaluate the handwriting, not the words in the samples.
Westcott said the November 2022 sample was “organized” and “well thought out,” but the letter structure from a later sample was completely different and “fragmented.”
After reviewing the samples, Westcott continued discussing her evaluations of Richard Allen. She said she gave him a MCI, or mild cognitive impairment test, which is a comprehensive test for personality features and mental health disorders. The test also evaluated if Allen was faking his symptoms.
The state objected again, saying they asked for a copy of these results but did not receive them. Rozzi explained they could only be given to a mental health professional, and that the state “did not even take the time to take a deposition of Westcott.”
After back and forth between the defense, the state, and Judge Gull, Westcott reiterated that she did not believe Allen was faking his mental illness. In total, Westcott administered 25 tests on Allen, which came to the conclusions that Allen “was not very resilient” in the face of stress. She said he was prone to decompensation and could slip into psychosis, which was seen in his behavior from December 2022 to July 2023. She later said Allen’s brain chemistry changed due to sensory deprivation during solitary confinement.
Westcott also commented on Dr. Monica Wala’s reports of Allen. Wala, who was Allen’s psychologist at Westville, reported Allen’s murder confessions in a “story-like” manner, according to Westcott, but the videos of Allen at the same time “weren’t logical.”
She said Allen’s brain was like a “fun house” during solitary confinement, and admitted she was worried he had delirium.
Prosecution deputy Stacey Diener began her cross examination by stating Wala visited Allen every day, so he “was not completely deprived of social interaction.” She then asked if Westcott received all the DOC records, which Westcott said she believed so given there was information from every day Allen was in Westville.
Westcott told the jury at one point, Allen said “Satan killed the girls,” and she felt he was making “statements inconsistent with reality.” She added that Allen didn’t seem to know he was going to meet with him.
Diener asked if Allen’s dependence could have been transferred from his wife to Wala, to which Westcott said no, that Allen was only confiding in her. She said some of the videos she received of Allen weren’t timestamped, and added she took suicide companion notes a “certain amount of weight” in her overall assessment.
Westcott said people experiencing psychosis are “not in the same reality” as others, but can still say factual things.
Diener commented that two of Allen’s confessions weren’t in Westcott’s report, and asked if she didn’t find them significant. Westcott confirmed she did use those confessions and summarized them in the report.
Diener ended her cross, and the jury asked several questions about Allen’s mental health history.
- If Mr. Allen has the common sense to be afraid to leave his cell, would he have the common sense to fake his symptoms? Westcott said Allen’s statement about being afraid was before his psychotic episode.
- If he was depressed as a child, would that cause him to commit crimes as an adult? Westcott said not always and that it depends on the personality type.
- Would depression as a child cause them to become a sex addict? Westcott said no.
- Did you watch Allen’s police interview in October 2022? Westcott said yes.
Court recessed for a quick break.
9 a.m.: Court in session for Monday
7:30 a.m.
News 8’s chief photographer John LeSage is at the Carroll County courthouse and says people are lining up hoping to grab a public seat for Monday’s session.
Brief summary of Day 14 in the Delphi Murders trial
The jury on Saturday viewed 10 camcorder videos taken of Richard Allen while he was in Westville Correctional Facility during April 2023. The videos were compiled by defense intern Max Baker, who also made a master spreadsheet categorizing the footage.
According to News 8’s Kyla Russell, four of the videos contained nudity and another of the videos showed Allen being transported and receiving medical treatment. No audio was played.
State prosecutor Nick McLeland objected to the videos’ being allowed in court, but Special Judge Fran Gull admitted them. The courtroom TV was turned away from the general public and media area during the viewing, so only the jury, Judge Gull, and the attorneys could see. Richard Allen was not able to see the footage.
Jury members were left shocked by the videos’ content, with many wearing wide-eyed expressions. Russell noted Allen’s defense attorney Jennifer Auger held her head in her hands, or watched with her hand over her mouth. At one point, Auger looked away.
Following a short recess, the videos were paused to allow Indiana State Police Superintendent Doug Carter to testify. According to Russell, he was only on the stand for around 10 minutes. Carter explained his role in the Delphi Murders investigation, and confirmed that he released the FBI from the investigation in August 2021. He said it was his decision to do so, and requested the FBI return all evidence in their possession. Carter was then released from his subpoena.
After Carter left the stand, the jury watched five more videos taken of Allen from May 13 and June 20 of 2023. McLeland renewed his objection and the court viewed the footage anyway.
Multiple jurors sat uncomfortably during the videos, while others took notes. Auger and defense attorney Andrew Baldwin were seen looking away or shaking their heads. Baldwin was seen speaking with Allen with his arm around his shoulders, speaking to him quietly. Allen was taking notes and shaking his head.
The videos ended around 11:50 a.m. Saturday. Upon questioning from the defense, Max Becker said he created a similar spreadsheet and flash drive for videos of Allen taken from the security camera in his cell. McLeland said he would hold off on his cross-examination of Becker until all the videos were watched.
Court adjourned just before noon.